Southwestern Ala. Ry. Co. v. Maddox & Son
Supreme Court of Alabama
Ann-iAL from Coffee Circuit Court. Heard before llox. John I\ Hubbard. This was au action begun by Maddox & Hons to recover freight overcharges upon certain machinery which, it is alleged they were, required to pay before the railroad would deliver the freight. The witness Smith, answering an interrogatory, said: “I am the treasurer of the Continental Grin Company, and was such on the 9th day of September, 1901. [Maddox & Sons purchased a gin outfit from said gin company.
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Ann-iAL from Coffee Circuit Court. Heard before llox. John I\ Hubbard. This was au action begun by Maddox & Hons to recover freight overcharges upon certain machinery which, it is alleged they were, required to pay before the railroad would deliver the freight. The witness Smith, answering an interrogatory, said: “I am the treasurer of the Continental Grin Company, and was such on the 9th day of September, 1901. [Maddox & Sons purchased a gin outfit from said gin company. My knowledge of this is derived from the papers on file in my office. The machinery consisted of two 50-saw Winship gins,…
1Opinion of the CourtDowdell, J.
The demurrer to the third count of the complaint proceeds upon the theory that said count declares upon a contract, whereas, in fact, it does not. Said count is more in the nature of an action for money had and received. The foundation of it is claim for overcharges in freight which the plaintiff ivas required to pay in order to get his goods. There was no error in overruling the demurrer to this count.
Many of the exceptions reserved by The defendant to the rulings of the court on the introduction of evidence were based on objections of the defendant to answers of the witness. No objections…
2Cited by7 opinions
- Cullen v. Seaboard Air Line RailroadSupreme Court of Florida · 1912
- Patton v. StateSupreme Court of Alabama · 1916
- Finney v. StateAlabama Court of Appeals · 1914
- McCaskey Register Co. v. Nix Drug Co.Alabama Court of Appeals · 1913
- Page v. Haas Bros. Packing Co.Alabama Court of Appeals · 1913
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